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2018 Georgia Code 33-37-54 | Car Wreck Lawyer

TITLE 33 INSURANCE

Section 37. Insurers Rehabilitation and Liquidation, 33-37-1 through 33-37-58.

ARTICLE 4 LIQUIDATION PROCEEDINGS

33-37-54. Rights of nonresident claimants in proceeding against domiciliary insurer.

  1. In a liquidation proceeding begun in this state against an insurer domiciled in this state, claimants residing in foreign countries or in other states where an ancillary receiver has not been appointed must file claims in this state, and claimants residing in other states where an ancillary receiver has been appointed may file claims either with the ancillary receivers in their respective states or with the domiciliary liquidator. Claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding.
  2. Claims belonging to claimants residing in other states where an ancillary receiver has been appointed may be proved either in the liquidation proceeding in this state as provided in this chapter or in ancillary proceedings in the other states. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of this state as provided in subsection (b) of Code Section 33-37-55 with respect to ancillary proceedings, the final allowance of claims by the courts in ancillary proceedings in other states shall be conclusive as to amount and as to priority against special deposits or other security located in such ancillary states, but shall not be conclusive with respect to priorities against general assets under Code Section 33-37-41.

(Code 1981, §33-37-54, enacted by Ga. L. 1991, p. 1424, § 7; Ga. L. 2016, p. 816, § 5/HB 883.)

The 2016 amendment, effective July 1, 2016, substituted the present provisions of the first sentence of subsection (a) for the former provisions, which read: "In a liquidation proceeding begun in this state against an insurer domiciled in this state, claimants residing in foreign countries or in states not reciprocal states must file claims in this state, and claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states or with the domiciliary liquidator."; and, in subsection (b), in the first sentence, substituted "residing in other states where an ancillary receiver has been appointed" for "residing in reciprocal states", substituted "ancillary proceedings in the other states" for "ancillary proceedings, if any, in the reciprocal states" near the end, and substituted "other states" for "reciprocal states" in the middle of the second sentence.

Cases Citing Georgia Code 33-37-54 From Courtlistener.com

Total Results: 1

Smith v. Farm & Home Life Insurance

Court: Supreme Court of Georgia | Date Filed: 1998-09-14

Citation: 506 S.E.2d 104, 269 Ga. 709, 98 Fulton County D. Rep. 309, 1998 Ga. LEXIS 827

Snippet: substantial equivalent of ARS § 20-625; (4) OCGA § 33-37-54, concerning a non-resident's rights against a